RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00027
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Applicant is the son of the former service member who is requesting his father be awarded the Purple Heart (PH) medal for injuries sustained during the Vietnam Conflict.

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APPLICANT CONTENDS THAT:

No contentions were presented in the applicant’s behalf.

In support of the appeal, applicant provided a copy of his father’s DD Form 214, Report of Separation from Active Duty, dated 31 Jan 76; a copy of the citation and certificate for award of the Airman’s Medal and the citation for award of the Air Force Commendation Medal; and a copy of the deceased service member’s death certificate.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The former member retired from the Air Force effective 1 Feb 76.  He was progressively promoted to the grade of technical sergeant (TSgt/E-6), with an effective date and date of rank (DOR) of 1 Aug 74.  He was credited with 20 years and 9 days of active duty service.

The former member was awarded the Airman’s Medal, Air Force Commendation Medal, Republic of Vietnam Campaign Medal, National Defense Service Medal, Vietnam Service Medal, Small Arms Expert Marksmanship Ribbon, Air Force Longevity Service Award, with 3 oak leaf clusters (OLCs), Good Conduct Medal, with a Bronze Clasp and 2 Loops, Air Force Good Conduct Medal, with 3 OLCs, and the Air Force Outstanding Unit Award.

The records reflect he was awarded the Airman’s Medal for heroism while stationed in the Republic of Vietnam involving voluntary risk of life on 16 Mar 70.

The former service member died on 5 Apr 03.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this application and recommended denial.  They indicated the Purple Heart Medal is awarded for injuries suffered as a direct result of enemy action and must have received medical treatment by medical personnel.  They advised the applicant’s son that he needed to provide documentation to show his father’s wounds or injuries were received as a result of enemy action, but he did not respond.  The medical records reflect the former member received treatment on 16 Mar 70 for a cut knee that he sustained while working around an aircraft “accident” and do not indicate enemy action.  Since it appears the former member received injuries as a result of an aircraft accident, he is not eligible for the Purple Heart.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23 Apr 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record and the complete submission in behalf of the former service member, the Board was not convinced that the injuries he received met the criteria for award of the Purple Heart (PH) Medal.  The PH medal is awarded for injuries suffered as a direct result of enemy action.  The available records reflect the former service member’s injuries were sustained while working around an aircraft accident.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Hence, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00027 in Executive Session on 10 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Dec 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 21 Apr 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.

                                   Panel Chair